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Posts: 144

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Q: Cancelling visa and banning work permit for 5 years in China??

my Case is:
last year i went to teach in qingdao government colege and i signed a contract for 1 year, in winter vacations i came back

to my country but due to domestic reasons i couldn't return to Qingdao China to join my job. I send my resignation, my

employer told me that he is going to cancel my visa and I am not able to return to china on a work permit visa for the 5

years and he will impose ban on my resident permit for 5 years.

now my question is:

i can understand he can cancel my visa, but dose he can put a ban on my work permit for 5 years in whole China????

8 years 19 weeks ago in  Visa & Legalities - China

 
Answers (14)
Comments (5)
Posts: 556

Governor

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SAFEA regulations do allow a 5 year penalty for any foreigner who does not complete a contract. SAFEA can issue a ban but each Province can chose to follow it or not.

While this provision does exist and I have heard your story many times, I have never heard of it actually being implemented.

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8 years 19 weeks ago
 
Posts: 1

General

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Hi,

He has the right inform you police and cancel your work permit and entry right. And after informed you cannot enter to china for next 5 years. I have seen many deport.

Regards,
bduran

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8 years 14 weeks ago
 
Posts: 3339

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Complete BS. I know a guy who actually spent money on a lawyer to look into it and the lawyer said there was no way they can carry out that threat. He quit, they cancelled his visa, so he had to go to Hong Kong for a new one, instead of just having it carried over. Don't believe them.

Also, they aren't going to "deport" you for it. They just cancel the visa and give you a few weeks to leave. "Deport" means they march you to the plane in cuffs.

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8 years 14 weeks ago
 
Posts: 373

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Something similar happened to me but I didn't leave China.

I cut my contract short because I was tired of my employer's cheating and lying. I didn't leave nicely and I made them lose loads of face. They tried to sit me down at a table and have hour long meeting where they would repeat the same nonsense over and over again. I don't have patience so I just ignored them.

I was told after they begged and tried everything they could to stop me, ie threats and such, that I had to leave the country and I couldn't return for 5 years.

I didn't leave the country and I was extremely bad to them and they deserved it.

I left got a new job and a new visa. They tried to complicate things at the foreign affairs but there is very little they can do. As far as I know the PCB just warned my next employer what the previous school had told them and he being desperate like most schools didn't care.

Chinese employers will cheat and lie and scam you as much as they can, don't believe a word of it.
They think we are Chinese people with blue eyes: talk about naive.

bduran doesn't know what he is talking about. Like most (if not all ) Chinese people they think whatever their leaders say is gospel and never question.

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8 years 14 weeks ago

Tired of dirt and lies.

 
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They are empty threats.

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8 years 6 weeks ago
 
Posts: 17

Governor

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There's a government for each province in China; if you break a Z Visa the government of the province you work in will take note and may refuse you another work related VISA in the next years (but you can still try, nothing's sure). But Visa for studies should be fine (X Visa).
In terms of work, the school you worked for will take revenge, not letting you use your Foreign Expert Certificate for another Z Visa job, so you might not be able to get another Z Visa in the near future anywhere in China, although eventually things will sort out one way or another; like you can get a job on a Business VISA or let your new employer put pressure on your old school for them to eventually release your Foreign Exp Cert to them.
I even heard that a whole new Foreign Expert Certificate can be made, but that depends on the local government and how good the schools’ relations with that local gov are.
Take note that there are 2 kinds of Certs in China: Foreign Exp Certificate for all education related jobs, and Scientific Expert Cert (not sure the exact name) for other jobs.
Worth knowing that you’ll probably never see your cert; it’s the property of your employer, who passes it on to your next employer.
The Foreign Exp Cert has an expiry date on it, but even after expiration you still need a release from the last employer who has it to get your next Z Visa job.
In the end, it’s just loads of red tape (bureaucracy); and where employers and governments like you and get along well together things become very easy.
However when you break a contract you burn bridges, make relationships bad, and that’s what you don’t want in China.
If you break a Z Visa contract, change province, and eventually start working on a Business VISA that doesn’t tie you down, cos F Visas (business) can be broken without future consequences I think.
However, regarding the Chinese gov and it's VISA Bureau the F Visa is not proven work experience, because F Visa is not official employment; only Z Visa is.

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7 years 49 weeks ago
 
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This is an old post but a very topical one.

As many of the posters above have noted, these are threats and nothing more than threats.  Yes, the employer can report you to the FEB.  Yes, he can give you a negative report.  Yes, he could complain to the PSB but since you did nothing criminal nor break your contract in a totally egregious manner, I am 95% sure that neither the PSB nor the FEB will act upon your previous employer's recommendation.  Most of us who have been in China a long time have had to suffer through one-or-two horrible employers.

You can and will be issued another residence permit if you find another job, possibly even in Qingdao.  The Qingdao PSB are  very savvy -- they know what it's like out there.

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7 years 46 weeks ago
 
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small dogs bark the loudest.... they just try to scare you into bending toward their will. Half the time I think they just want to keep you around so they can find a replacement and dont look like they dont have their shit together.

Too many owners of schools here are only businesspersons out to make what they think is an easy buck...very very few are into education and quality

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7 years 46 weeks ago
 
Posts: 100

Governor

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Looks like your company will use and lie to cheat people.

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7 years 46 weeks ago
 
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Based on the way you have written this information, I'm afraid to say if it's any indication of your teaching skills you should be ban from teaching English. Otherwise, I would say there are people who have done and are doing far worst things than yourself, yet they seem to come and go as they please. So by all means join the club.

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7 years 3 weeks ago
 
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I have been threaten by my boss to give me a 5 year ban and i am worried that he can do this. I have been in China for 10 years now and working in henan province. This one of his conversation with me : you scare all the teachers and students, i will tell the PBS about it. And you can't stay in China anymore. You can't teach in China within Five years.

Can anybody tell me what should i do?

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6 years 31 weeks ago
 
Posts: 15814

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@silk: I believe, Schools are afraid of PSB same as you are.

 

If you are working with Z visa (Residence permit), all you must do is give Resignation notice to your old employer. Before you give Resignation notice, you must have new School to work in, or new Residence permit sponsor.

 

If you have any other visa (F), you don't have any obligations to your old employer, because your Employer and you are both acting against Chinese law. You can just find another employer (visa sponsor), and consider 'ban treats' as scare tactic.

 

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6 years 31 weeks ago
 
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Can i give my employer one month notice?

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6 years 31 weeks ago
 
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I want to thank you for your help.

Kind regards silk000

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6 years 31 weeks ago
 
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